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(영문) 서울동부지방법원 2016.10.13 2016고단2436
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. From around 14:00 to around 18:00 on May 2016, the Defendant exceeded clothes under Article 209 of the Building E located in Gangdong-gu Seoul, Gangdong-gu, Seoul, and taken video pictures of the Defendant’s cell phone (opphone6S) with the victim’s sexual intercourse with the victim’s mobile phone (opphone6S) with his/her sexual intercourse with the victim, while having sexual intercourse with the victim, during which the victim’s sexual intercourse with the victim was carried out, for 46 seconds, the victim’s sexual intercourse with the victim was taken for 46 seconds. The Defendant continued to set up the aforementioned mobile phone at the end of the invasion, and took a dynamic image for 1 minute 32 seconds of the sexual relationship.

From around that time to after July 2016, the Defendant taken pictures or videos against his will, such as the victim’s body, which could cause a sense of sexual shame, such as the list of crimes attached hereto, on a total of four occasions.

2. Intimidation;

A. On July 20, 2016, around 20:30 on July 20, 2016, the Defendant: (a) stated the victim indicated in the preceding paragraph in the G “H” parking lot located in Gangdong-gu Seoul Metropolitan Government “H”; (b) stated, “The victim, if the victim does not come to the Defendant, she would have a fluoric photo of the victim online, by putting him/her fluoral photo on the face of another male, leaving him/her off to I.”

나. 피고인은 2016. 7. 22. 12:20경 서울 강동구 J 부근 노상에서 피고인의 휴대전화(아이폰6S)를 이용하여 전항 기재 피해자에게 “처음에 약하게 올려야겠다 머 할지 정하고 보여줄게ㅋㅋㅋㅋㅋㅋㅋㅋㅋ”라고 K 메시지를 보내고, 이어서 피해자의 나체를 촬영한 사진을 보내는 등 피해자의 나체 사진을 I에 올려 다른 사람에게 공개할 것처럼 겁을 주어 피해자를 협박하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the prosecution with respect to F;

1. The police seizure record and the list of seizure;

1. Investigation report (related to physical characteristics of a victim), photographs (related to the victim's hand and photographic photographs);

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